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2020 (1) TMI 1621 - SC - Indian LawsTerritorial Limits - Validity of inclusion of Nediyathuruthu island within CRZ - seeking a declaration that the CRZ Notification of 1991 is not applicable to the island - seeking police protection for completing the construction of the resort - direction for proceedings for the removal of encroachments to be continued - review of an order passed in a writ petition filed by the local fishermen claiming rights over the stake nets in the island, directing the demolition of the constructions put up by the project proponent - continuation of proceedings for removal of encroachments. HELD THAT:- The primary object of the Notification dated 14.03.2017 appears to be to address the issue as to how to deal with the projects and activities carried out without obtaining prior environmental clearance. The Notification seeks to declare the projects and activities requiring prior environmental clearance under EIA Notification, 2006, but carried out without obtaining such clearance, as cases of violation of the EIA Notification, 2006 and it seeks to provide an opportunity to those violators to avail the benefit of a onetime clearance. The Notification dated 14.03.2017 does not deal with cases of violation of CRZ Notifications. Basis of the CRZ Notification 2019 issued on 18.01.2019 - HELD THAT:- Paragraph 10.2 of the CRZ 2019 Notification states that all inland islands in the coastal backwaters and islands along the mainland coast shall be covered by the Notification. It further states that in view of the unique coastal systems of backwater islands and islands along the mainland coast, along with space limitations in such coastal stretches, CRZ of 20 meters from the HTL on the landward side shall uniformly apply. However, paragraph 10.2(ii) states that activities shall be regulated as under: (a) existing dwelling units of local communities may be repaired or reconstructed within 20 meters from the HTL of these islands, but no new construction shall be permitted in this zone; (b) foreshore facilities such as fishing jetty, fish drying yards, net mending yard, fishing processing by traditional methods, boat building yards, ice plant, boat repairs and the like maybe taken up in CRZ limits subject to environmental safeguards. Under the 2011 Notification the areas identified in the Notification had to be declared as CVCAs only through a process of consultation with local fisher, etc. Guidelines are to be put in place for identifying, notifying and implementing CVCA but 2019 Notification straightaway treats the named areas as CVCAs and vests their management with the Authority with the involvement of coastal communities. Therefore, the alternatives claimed by the appellants also do not appear to be viable for them. Appeal dismissed.
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